BILL NUMBER: AB 1387	CHAPTERED  10/10/99

	CHAPTER   970
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 1, 1999
	PASSED THE SENATE   AUGUST 24, 1999
	AMENDED IN SENATE   AUGUST 19, 1999
	AMENDED IN SENATE   JUNE 24, 1999
	AMENDED IN ASSEMBLY   APRIL 15, 1999

INTRODUCED BY   Assembly Member Florez
   (Coauthors:  Senators Costa and O'Connell)

                        FEBRUARY 26, 1999

   An act to amend Sections 4850 and 4850.5 of the Labor Code,
relating to public employee disability.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1387, Florez.  Public employee disability benefits.
   (1) Under existing law, certain peace officers and other specified
public employees are entitled to a leave of absence without loss of
salary while disabled by injury or illness arising out of and in the
course of their duties.
   This bill would extend that provision to specified employees of a
probation office.
   (2) This bill would incorporate additional changes in Section 4850
of the Labor Code proposed by AB 224, to be operative if AB 224 and
this bill are both enacted and become effective on or before January
1, 2000, and this bill is enacted last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4850 of the Labor Code is amended to read:
   4850.  (a) Whenever any city police officer, city, county, or
district firefighter, sheriff or any officer or employee of a sheriff'
s office, any inspector, investigator, detective, or personnel with
comparable title in any district attorney's office, any county
probation officer, group counselor, or juvenile services officer, or
any officer or employee of a probation office, or lifeguard employed
year round on a regular, full-time basis by a county of the first
class, who is a member of the Public Employees' Retirement System or
subject to the County Employees Retirement Law of 1937 (Chapter 3
(commencing with Section 31450) of Part 3 of Division 4 of Title 3 of
the Government Code) is disabled, whether temporarily or
permanently, by injury or illness arising out of and in the course of
his or her duties, he or she shall become entitled, regardless of
his or her period of service with the city or county, to a leave of
absence while so disabled without loss of salary in lieu of temporary
disability payments or maintenance allowance payments under Section
139.5, if any, which would be payable under this chapter, for the
period of the disability, but not exceeding one year, or until that
earlier date as he or she is retired on permanent disability pension,
and is actually receiving disability pension payments, or advanced
disability pension payments pursuant to Section 4850.3.
   (b) This section shall apply only to city police officers,
sheriffs or any officer or employee of a sheriff's office, and any
inspector, investigator, detective, or personnel with comparable
title in any district attorney's office, or any county probation
officer, group counselor, or juvenile services officer, or any
officer or employee of a probation office, who are members of the
Public Employees' Retirement System or subject to the County
Employees Retirement Law of 1937 (Chapter 3 (commencing with Section
31450) of Part 3 of Division 4 of Title 3 of the Government Code) and
excludes employees of a police department whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly fall
within the scope of active law enforcement service, and excludes
employees of a county sheriff's office whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.  It also excludes
employees of a county probation office whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.  It shall also
apply to city, county, or district firefighters who are members of
the Public Employees' Retirement System or subject to the County
Employees Retirement Law of 1937 (Chapter 3 (commencing with Section
31450) of Part 3 of Division 4 of Title 3 of the Government Code),
and excludes employees of the city fire department, county fire
department, and of any fire district whose principal duties are those
of a telephone operator, clerk, stenographer, machinist, mechanic,
or otherwise, and whose functions do not clearly fall within the
scope of active firefighting and prevention service.  It shall also
apply to deputy sheriffs subject to the County Employees Retirement
Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of
Division 4 of Title 3 of the Government Code).  It shall also apply
to probation officers, group counselors, juvenile services officers,
or any officer or employee of a probation office, subject to the
County Employees Retirement Law of 1937 (Chapter 3 (commencing with
Section 31450) of Part 3 of Division 4 of Title 3 of the Government
Code).  It shall also apply to lifeguards employed year round on a
regular, full-time basis by counties of the first class who are
subject to the County Employees Retirement Law of 1937 (Chapter 3
(commencing with Section 31450) of Part 3 of Division 4 of Title 3 of
the Government Code).
   (c) If the employer is insured, the payments which, except for
this section, the insurer would be obligated to make as disability
indemnity to the injured, the insurer may pay to the insured.
   (d) No leave of absence taken pursuant to this section by a peace
officer, as defined by Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, shall be deemed to constitute
family care and medical leave, as defined in Section 12945.2 of the
Government Code, or to reduce the time authorized for family care and
medical leave by Section 12945.2 of the Government Code.
  SEC. 1.5.  Section 4850 of the Labor Code is amended to read:
   4850.  (a) Whenever any city police officer, city, county, or
district firefighter, sheriff or any officer or employee of a sheriff'
s office, any inspector, investigator, detective, or personnel with
comparable title in any district attorney's office, any county
probation officer, group counselor, or juvenile services officer, or
any officer or employee of a probation office, any peace officer
under Section 830.31 of the Penal Code employed on a regular,
full-time basis by a county of the first class, or lifeguard employed
year round on a regular, full-time basis by a county of the first
class, who is a member of the Public Employees' Retirement System or
subject to the County Employees Retirement Law of 1937 (Chapter 3
(commencing with Section 31450) of Part 3 of Division 4 of Title 3 of
the Government Code), is disabled, whether temporarily or
permanently, by injury or illness arising out of and in the course of
his or her duties, he or she shall become entitled, regardless of
his or her period of service with the city or county, to a leave of
absence while so disabled without loss of salary in lieu of temporary
disability payments or maintenance allowance payments under Section
139.5, if any, which would be payable under this chapter, for the
period of the disability, but not exceeding one year, or until that
earlier date as he or she is retired on permanent disability pension,
and is actually receiving disability pension payments, or advanced
disability pension payments pursuant to Section 4850.3.
   (b) This section shall apply only to city  police officers,
sheriffs or any officer or employee of a sheriff's office, and any
inspector, investigator, detective, or personnel with comparable
title in any district attorney's office, or any county probation
officer, group counselor, or juvenile services officer or any
officer, or employee of a probation office, who are members of the
Public Employees' Retirement System or subject to the County
Employees Retirement Law of 1937 (Chapter 3 (commencing with Section
31450) of Part 3 of Division 4 of Title 3 of the Government Code) and
excludes employees of a police department whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly fall
within the scope of active law enforcement service, and excludes
employees of a county sheriff's office whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.  It also excludes
employees of a county probation office whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.  It shall also
apply to city, county, or district firefighters who are members of
the Public Employees' Retirement System or subject to the County
Employees Retirement Law of 1937 (Chapter 3 (commencing with Section
31450) of Part 3 of Division 4 of Title 3 of the Government Code) and
excludes employees of the city fire department, county fire
department, and of any fire district whose principal duties are those
of a telephone operator, clerk, stenographer, machinist, mechanic,
or otherwise, and whose functions do not clearly fall within the
scope of active firefighting and prevention service.  It shall also
apply to deputy sheriffs, and to peace officers under Section 830.31
of the Penal Code employed on a regular, full-time basis by a county
of the first class, who are subject to the County Employees
Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of
Part 3 of Division 4 of Title 3 of the Government Code).  It shall
also apply to probation officers, group counselors, juvenile service
officers, or any officer or employee of a probation office, subject
to the County Employees Retirement Law of 1937 (Chapter 3 (commencing
with Section 31450) of Part 3 of Division 4 of Title 3 of the
Government Code).  It shall also apply to lifeguards employed year
round on a regular, full-time basis by a county of the first class
who are subject to the County Employees Retirement Law of 1937
(Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of
Title 3 of the Government Code).
   (c) If the employer is insured, the payments which, except for
this section, the insurer would be obligated to make as disability
indemnity to the injured, the insurer may pay to the insured.
   (d) No leave of absence taken pursuant to this section by a peace
officer, as defined by Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, shall be deemed to constitute
family care and medical leave, as defined in Section 12945.2 of the
Government Code, or to reduce the time authorized for family care and
medical leave by Section 12945.2 of the Government Code.
  SEC. 2.  Section 4850.5 of the Labor Code is amended to read:
   4850.5.  Any firefighter employed by the County of San Luis
Obispo, and the sheriff or any officer or employee of the sheriff's
office of the County of San Luis Obispo, and any county probation
officer, group counselor, or juvenile services officer, or any
officer or employee of a probation office, employed by the County of
San Luis Obispo, shall, upon the adoption of a resolution of the
board of supervisors so declaring, be entitled to the benefits of
this article, if otherwise entitled to these benefits, even though
the employee is not a member of the Public Employees' Retirement
System or subject to the County Employees Retirement Law of 1937
(Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of
Title 3 of the Government Code).
  SEC. 3.  The Legislature finds and declares with respect to Section
1.5 of this act that a special law is necessary and that a general
law cannot be made applicable within the meaning of Section 16 of
Article IV of the California Constitution because the work of peace
officers under Section 830.31 of the Penal Code who are employed on a
regular, full-time basis by a county of the first class require the
disability benefits of Section 4850 of the Labor Code.
  SEC. 4.  Section 1.5 of this bill incorporates amendments to
Section 4850 of the Labor Code proposed by both this bill and AB 224.
  It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2000, (2) each bill amends
Section 4850 of the Labor Code, and (3) this bill is enacted after AB
224, in which case Section 1 of this bill shall not become
operative.
  SEC. 5.  Section 3 of this act shall only become operative if
Section 1.5 of this act becomes operative.
